prescribed form to the applicant for authority to purchase an authentication device from the Kenya
Revenue Authority.
(3) A manufacturer or producer of sound recordings or audio-visual works shall purchase
such authentication device from the Kenya Revenue Authority as may be required to cover the
number of copyright works he intends to sell or distribute.
(4) The authentication device shall be affixed to each copy of the copyright work made or
published by the applicant.
(5) No person shall sell or exhibit for sale any copyright works that require an authentication
device in any form without an authentication device affixed thereto pursuant to subsection (4).
(6) Any person who sells or offers for sale any copyright work that require an authentication device
without an authentication device affixed thereto is guilty of an offence and is liable to a fine not
exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding four
years, or to both.
37.(1) If a person has prima fade evidence that his right has been infringed by another party
and he satisfies the court or competent authority that prima facie
(a) he has a cause of action against another person which he intends to pursue;
(b) the other person has, in his possession, documents infringing copies or other things of
whatsoever nature which constitute evidence of great importance in substantiation of that cause of
action; and
(c) there is the real and well-founded apprehension that the documents, infringing copies or
other things may be hidden, destroyed or rendered inaccessible before discovery can be made in the
usual way,
the court or competent authority as the case may be, may make such order as it considers necessary
or appropriate to secure the preservation of the documents, copies or things as evidence.
(2) An order made under subsection (1) may be granted ex parte.
38.(1) Any person who, at a time when copyright or the right of a performer subsists in a work(a) makes for sale or hire any infringing copy; or
(b) sells or lets for hire or by way of trade exposes or offers for sale any infringing copy; or
(c) distributes infringing copies; or
(8) The court before which a person is charged with an offence under this section, shall
whether such person is convicted of the offence or not, order that any article in his possession which
appears to the court to be an infringing copy, or to be an article used or intended to be used for
making infringing copies, be destroyed or delivered up to the owner of the copyright in question or
otherwise dealt with as the court may think fit.